Research OHADA "cooperative Enterprises Uniform Law.

With the irresistible historical trend of economic globalization, the legalglobalization is developing gradually，a lot of countries are coordinating and unifyingthe domestic law with the international legislation as well as drawing on foreign law,especially on commercial law. Most of the countries in the world are tend to use theunified commercial rules in order to attract foreign investment, simplify the approvalprocess. In face of the rapid growth in the trade and economic globalization, Africancountries prefer to use the international trade and economic rules, l’Organisation pourl’harmonisation du Droit des Affairs en Afrique,“OHADA” for short, aimed atcoordinating and unifying the commercial law of African countries, providing thelegal support to build a unified market for African countries, attracting the MemberStates of the African Union in unifying the commercial law so as to lay a solidfoundation for unify the laws in the entire African continent.So far, OHADA has adopted8Commercial Codes which are widely applicablein the Member States, the future prospect is splendid. Encouraged by the achievement,combine with self practical condition, OHADA has adopted the “Acte uniforme relatifau droit des sociétés coopératives” in2010. The Code provided a new business modelfor the Member States in order to marshal the human and non-human resources toimprove the prosperity of the economy.Selecting the “Acte uniforme relatif au droit des sociétés coopératives” ofOHADA for the cut-in point, the paper introduces the background of making laws,describes comprehensively the procedures and relevant legal issues for theestablishement of sociétés cooperatives, focuses upon an analysis of the special rulesof the Code. The paper applies comparative analytic approach, comprehensiveanalytic approach to dissect the novelty of the Code based on the inheriting of “CivilCode” and “Commercial Code” of France, open out the same and the difference of“Company Law” of China and the Code, offer suggestions for making Chinese laws.The research on the “Acte uniforme relatif au droit des sociétés coopératives” isan indispensable step to understand the OHADA. Our ultimate goal is to strengthencooperation with the regional and sub-regional organizations, such as OHADA.